Warner strikes back at UNC; says 'illegal' executive can't judge him

Jack Warner has replied to a letter from the United National Congress (UNC) sent to him last week outlining disciplinary charges against him.

Read the story: UNC summons Warner to explain actions

The Chagaunas West MP and UNC deputy leader presented the letter Wednesday to a meeting of the UNC caucus and national executive at the party's Rienzi headquarters at which he challenged the legality of the executive and accused it of bias.

He also served notice that he will have legal representation at any disciplinary hearings and that his attorney will have the right to cross examine any or all of his accusers.

He accused the party of acting maliciously and in bad faith in invoking a disciplinary process against him, stating that it is clearly an attempt by the political leader and those in the national executive "who are opposed to change to misuse and abuse the constitutional provisions of the Party’s constitution to suspend me pending the determination of a disciplinary charge in order to prevent me from contesting the internal elections of the Party."

He said it is a sign that the party's proposed internal elections are not likely to be fair and is likely to be engineered in order for the Political Leader to get his way.

He contended that the current national executive is not legally constituted and the proposed disciplinary action against him is ultra vires the constitution of the UNC and is an attempt to frustrate, subvert and undermines the aims and objectives of the constitution of the Party.

He made it clear that any reference to the national executive means the persons who claim to be the national executive because in his view the party does not have a duly elected national executive and as such it does not have any powers of discipline over him or to enforce any sanctions against him.

The Chaguanas West MP said only a properly called National Congress in which there is openness and transparency in verifying the financial list of members "can make any decision against me to either suspend or to expel me from the Party."

The deputy leader said he was not allowed to carry out his administrative functions within the party, charging that the political leader usurped that function and took full control of the secretariat and the administration of the party.

He added that since the units and organs of the party have not been functioning, the delegates to constitute the National Congress cannot be legally chosen in accordance with the UNC constitution.

Warner noted that at the last National Congress members of the national executive prevented about 1,500 members and supporters of the party from entering the meeting place although they were entitled to participate and to express their views although they did not have a right to vote.

He said in that context the appointment of the disciplinary committee by that congress was unlawful, null and void and of no effect.

Warner said even if the persons who claim to constitute the national executive have jurisdiction to invoke a disciplinary procedure against him on the grounds of bringing the party into disrepute, "the question of unequal treatment against me by the National Executive arise."

He said UNC leader Basdeo Panday was convicted for serious criminal offences in contravention of the Integrity Act and is also facing committal proceedings in which it is alleged that he committed serious criminal offences of corruption in public office.

"The country heard the evidence in the Integrity trial but no similar action was taken against him. The National Elective did not investigate the allegations of criminal conduct against the Political Leader in order for it to determine whether he brought the Party into disrepute and therefore whether it ought to have taken steps to have him suspended or expelled," Warner stated.

He said Panday was also disqualified from sitting in the Parliament, yet the executive did not investigate him.

"The National Executive showed and continues to show favouritism in favour of the Political Leader against his alleged misconduct and misbehavior in office as Prime Minister.

"He, as Political Leader, publicly attacked me in the media. He made the most condemnatory remarks against me and called me all sorts of nasty names. The National Executive has taken no action against him although the Political Leader made public statements which reflected on my character, my credibility and my professional reputation," Warner stated.

He accused the executive of promoting discrimination and acting contrary to the aims and objectives of the constitution by promoting "nepotism, dictatorship and undemocratic behavior".

He challenged the executive's legality to consider suspending or taking any action to expel him and demanded that the party provide particulars of who made the allegations against him. He asked the party to provide him with a copy of the statements and other relevant details that led to the charges against him.

With respect of to his votes with the PNM Warner asked the party to provide the dates of the executive's alleged decision to begin the disciplinary process against him.

He also asked the executive if it is aware that immediately before the vote on the Emergency Ambulance Personnel and Staff Bill the Chief Whip, Dr. Hamza Rafeeq informed him that the Party’s position was to vote with the government in support of the Bill.

On the question of allegedly receiving large sums of money on behalf of the party for which he has not provided an account Warner asked for specific particulars.

He stated categorically that he is not guilty of any disciplinary offence against the party and said he intends to call witnesses to show that "nothing that I have said or done has been considered or perceived by Party members as inimical to the interest of the Party."

He also served notice that he plans to have legal representation at the National Executive and that he will exercise his right through his attorney to cross examine his accusers.

"In order to make the right of explanation to the National Executive meaningful I must have the particulars requested and must enjoy my procedural rights so that fairness and the rules of Natural Justice would be observed," he said.

He made it clear that he is participating "in these proceedings without prejudice to my rights to approach the High Court to claim relief including punitive damages against each member of the National Executive who has taken illegal action against me and has committed serious breaches of the Contract which the Party made with me when I became a member of this Party".